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By John R. Merlino Jr. Esq.
Founding Attorney

Real estate mediation is an ideal method for resolving disputes without taking on the expense and stress of court proceedings. Ideally, successful mediation will put an end to a dispute in a way that leaves both sides satisfied. 

The key to making the most of real estate mediation is to go in prepared, knowing what you should — and shouldn’t — say and do during negotiations. When you plan your negotiation strategy with an experienced real estate lawyer and follow through during sessions, you know you’ve maximized your chances of finding a satisfactory resolution with much less time and money than a court case would require.

The Real Estate Mediation Process

When two parties can’t agree on a legal matter related to real estate, they have two options: take it to court, or try to work it out through mediation. Sometimes, mediation attempts fall flat, especially if one or both parties refuse to compromise. 

However, the alternative is a potentially expensive and lengthy court case — with an uncertain outcome that will likely only benefit one party. 

Common reasons to undergo real estate mediation include:

  • Boundary disputes
  • Landlord-tenant disputes
  • Leasing disputes
  • Purchase and sale disputes
  • Title disputes
  • Probate issues
  • Partition cases

Making the most of mediation is the best way to maintain control and ensure your voice is heard in a real estate dispute, but preparation is key to success. 

Preparing for Real Estate Mediation

During real estate mediation, a mediator acts as a neutral third party, helping you and your lawyer agree with the other party and their lawyer. Success in mediation means coming to the table with a willingness to compromise combined with strategy.

Ideally, you want the session to go your way, and the other party wants the same. Refusing to make concessions is a guaranteed way to make mediation unsuccessful, thereby placing your outcome in the hands of a court verdict.

Most people who head into mediation do so with firm ideas of the resolution they want to see. The best tip for preparing for a session is to shift perspectives. When two parties are open to dialogue, you’re more likely to identify alternative solutions. 

Steps to Take Before Your Real Estate Mediation Meeting

You can’t predict the outcome of a mediation session before it occurs, but you can plan for success by going in prepared. Tips to prepare for an effective mediation session include: 

  • Choose an experienced real estate lawyer with a strong track record
  • Collect all documentation related to the dispute
  • Prepare evidence of any local laws that support your position
  • Consider your ideal outcome
  • Consider possible compromises you can propose
  • Plan to pause and consider propositions before rejecting them
  • Be prepared to let your lawyer speak on your behalf

Ultimately, the mindset with which you go into a mediation session can be the most significant factor in your outcome. An openness to new solutions and a willingness to compromise in the interest of avoiding a lawsuit can help your real estate dispute come to an efficient resolution. 

Speak with a Staten Island Real Estate Lawyer Today

When a real estate dispute arises, all parties involved typically want to see it resolved. Real estate mediation is a highly effective way to find a solution without wasting time and money. 

Merlino & Gonzalez is a New York real estate law firm with a long track record of achieving resolutions that protect our clients’ interests while helping them avoid the expense of taking a real estate dispute to court.

To learn more about getting help with real estate mediation, contact the Staten Island real estate lawyers at Merlino & Gonzalez today.

About the Author
John is a fierce advocate and the office guru for problem-solving and brainstorming. He guides clients through every stage of a real estate transaction from offer to contract, navigating through nerve-shattering home inspection and title clearance concerns, maintaining constant contact with lenders, conducting the actual closing, and continuing to advise clients with regard to any post-closing concerns.  John brings a practical and fair-minded approach to the process which has earned him the respect of his clients and peers.